Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Eden’s Lush! The terms “we,” “us,” and “our” refer to Eden’s Lush. Eden’s Lush operates this store and website, including all related information, content, features, tools, products, and services (the “Services”). Eden’s Lush is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with the policies referenced herein (these “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include information about warranty disclaimers, limitations of liability, and other terms that affect your use of the Services.
By visiting, interacting with, or using our Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree to these Terms, you should not use or access the Services.
Nothing in these Terms excludes or limits consumer rights or remedies that cannot lawfully be excluded or limited.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your state of residence, or that you are using the Services under the supervision and with the permission of a parent or legal guardian. Purchases must be made by an adult or with an adult’s authorization.
To use certain features or purchase products, you may be asked to provide information such as your email address, billing address, payment details, and shipping address. You represent that the information you provide is correct, current, and complete, and that you have the authority to provide it.
You are responsible for maintaining the security of your account credentials and for activity you authorize through your account. Notify us promptly if you suspect unauthorized access. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to describe and display our products accurately. Product colors and appearances may vary depending on your device, screen settings, lighting, and normal manufacturing variations. Fragrance preferences and individual experiences may also vary.
Product descriptions, prices, and availability may change. Changes do not remove rights associated with purchases already made. We reserve the right to discontinue products or limit quantities on a case-by-case basis.
Review each product’s ingredients, directions, and warnings before use. Follow the directions provided and discontinue use if irritation occurs. Do not use a product if you know you are allergic to an ingredient.
Unless expressly stated otherwise, our skincare and grooming products are intended for cosmetic use and are not represented as treatments or cures for medical conditions.
SECTION 3 – ORDERS, CANCELLATIONS, AND RETURNS
When you place an order, you are making an offer to purchase the selected products. We may decline or cancel an order for reasons such as product unavailability, suspected fraud, payment problems, or a material pricing or listing error, subject to applicable law.
If we decline or cancel an order after payment has been collected, we will refund the amount paid for the canceled items, including any associated charges that must be refunded. We will attempt to notify you using the contact information provided with your order.
Please review your order carefully before submitting it. To request a cancellation or change, contact info@edenslush.com as soon as possible and include your order number. We cannot guarantee that a change or cancellation can be accommodated once order processing has begun. This does not limit cancellation or refund rights available under applicable law.
Returns, refunds, and eligibility requirements are explained in our Return and Refund Policy. We do not currently offer direct exchanges.
Products are offered for personal or household use. Contact us before placing an order intended for commercial resale or distribution.
SECTION 4 – PRICES AND BILLING
Prices are listed in U.S. dollars unless otherwise stated. Prices, discounts, and promotions may change. The price applicable to your purchase is the price shown at checkout when you place your order, subject to correction of errors as described in these Terms.
Unless expressly stated otherwise, product prices do not include applicable taxes or shipping charges. Any applicable charges are displayed at checkout before you submit your order.
Online prices and promotions may differ from those offered at markets, events, or other sales channels. Promotions may have separate eligibility requirements and terms. If promotional terms conflict with these Terms, the promotional terms govern that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information. You represent that you are authorized to use the payment method provided and agree to pay the charges disclosed at checkout.
SECTION 5 – SHIPPING AND DELIVERY
We currently ship within the United States only. Orders are normally processed within 3–5 business days, excluding weekends and holidays, unless a different processing time is clearly disclosed before purchase.
Processing time is separate from carrier transit time. Delivery estimates begin after shipment and are estimates rather than guaranteed arrival dates, unless expressly stated otherwise.
Free shipping is available on qualifying orders over $150 in the continental United States. Available shipping methods, applicable charges, and additional details are provided at checkout and in our Shipping Policy.
If we cannot ship within the promised timeframe, we will notify you, provide an updated estimate, and offer the opportunity to consent to the delay or cancel for a prompt refund, as required by applicable law.
Please ensure your shipping address is accurate. If your package is delayed, damaged, lost, or marked as delivered but not received, contact info@edenslush.com with your order number. We will assist with investigating the issue and determining the appropriate resolution.
Nothing in this section limits rights or remedies available under applicable law.
SECTION 6 – INTELLECTUAL PROPERTY
The Services, including their text, graphics, images, logos, videos, audio, layout, and design, are owned by Eden’s Lush or used with permission from their respective owners and are protected by applicable intellectual property laws. Customer-submitted content remains subject to the license described in Section 11.
You may access the Services for personal, non-commercial purposes. Except as permitted by applicable law or with our prior written permission, you may not reproduce, distribute, modify, sell, or commercially exploit content from the Services.
Nothing in these Terms grants you ownership of or a license to use our trademarks or other intellectual property beyond what is necessary for ordinary, authorized use of the Services.
Eden’s Lush’s names, logos, product names, designs, and slogans are trademarks of Eden’s Lush or their respective owners. Shopify’s name and logos belong to Shopify. Other trademarks displayed through the Services belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to tools or features operated by third parties. We do not control those third-party tools and may not monitor their operation.
To the extent permitted by law, access to these tools is provided “as is” and “as available,” without additional warranties or endorsements from us. Your use may be subject to the third-party provider’s terms and privacy policy.
Review the applicable provider’s terms before using an optional tool. New features or services we introduce may also be subject to these Terms and any additional terms disclosed for those features.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to websites, materials, or features operated by third parties. These links do not necessarily imply our endorsement.
We do not control third-party websites or their content, products, services, or privacy practices. Review the applicable third party’s policies before providing information or completing a transaction.
Questions or complaints concerning a third-party product or service should be directed to that provider. Nothing in this section limits responsibilities we have under applicable law.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Eden’s Lush is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Eden’s Lush. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Eden’s Lush, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Eden’s Lush.
SECTION 10 – PRIVACY POLICY
Our collection, use, and disclosure of personal information are described in our Privacy Policy. Certain processing of personal information by Shopify is described in Shopify’s Privacy Policy.
Because Shopify hosts the Services, Shopify collects and processes information about your access to and use of the Services to provide and improve them. Information may be transmitted to Shopify and other service providers, including providers located outside your state or country.
Review our Privacy Policy for more information about how we, Shopify, and our partners handle personal information and the choices available to you.
SECTION 11 – FEEDBACK AND REVIEWS
If you submit reviews, suggestions, photographs, ideas, or other content to us for publication or use in connection with the Services (“Feedback”), you retain ownership of your content. You grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, format, publish, distribute, and display that Feedback to operate, improve, and promote our business and the Services.
This license does not authorize us to publish private customer-support communications or personal information contrary to our Privacy Policy.
You represent that you own or have permission to submit your Feedback, that it reflects your honest experience or opinion, and that you have disclosed any compensation, free products, or other incentives connected with it.
Feedback must not violate another person’s intellectual property, privacy, or other rights, contain unlawful or abusive material, or include malicious software. You may not impersonate another person or misrepresent the origin of your Feedback.
We may moderate or remove Feedback that violates these Terms, contains personal information, is fraudulent, is unrelated to the product or Services, or is otherwise unlawful. We do not remove reviews solely because they express a negative opinion.
Unless separately agreed, we are not obligated to compensate you for Feedback or respond to every submission.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain errors or omissions involving descriptions, prices, promotions, availability, shipping charges, or estimated delivery times.
We may correct inaccurate information and update the Services. If an error materially affects an order you have placed, we will contact you as appropriate to explain the issue and any available options. If we cancel an order because of an error, we will refund the applicable amount paid.
Corrections and cancellations remain subject to applicable law.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You must not:
• Violate applicable laws or regulations.
• Infringe our intellectual property rights or the rights of others.
• Harass, threaten, abuse, or discriminate against another person.
• Submit fraudulent information or impersonate another person.
• Upload malicious software or harmful code.
• Send spam or unsolicited promotional messages through the Services.
• Attempt to gain unauthorized access to accounts, systems, or data.
• Collect personal information about others without authorization.
• Interfere with the operation, security, or availability of the Services.
• Copy, resell, or commercially exploit the Services without authorization.
We may restrict or terminate access when reasonably necessary to address violations, fraud, security risks, or unlawful conduct.
SECTION 14 – TERMINATION
You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms or if reasonably necessary to protect the Services, our business, or other users.
Termination does not eliminate payment obligations already incurred, refund obligations, or rights and remedies relating to earlier transactions.
Provisions that by their nature should continue after termination will remain in effect, including provisions concerning intellectual property, Feedback licenses, disclaimers, limitations of liability, indemnification, dispute-related terms, and outstanding obligations.
SECTION 15 – DISCLAIMER OF WARRANTIES
We aim to provide accurate information and reliable Services, but we do not guarantee that the website will always be uninterrupted, secure, available, or free from errors.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR EXPRESS PROMISES WE MAKE, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ONLY TO THE EXTENT SUCH DISCLAIMERS ARE LAWFUL.
Nothing in these Terms excludes an express product warranty or any warranty, consumer protection, or remedy that cannot lawfully be excluded. Some jurisdictions do not permit certain warranty exclusions, so those exclusions may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EDEN’S LUSH AND ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.
These limitations do not apply to fraud, willful misconduct, gross negligence, or any liability that cannot lawfully be excluded or limited. Nothing in these Terms removes rights relating to defective products, personal injury, refunds, or other matters where applicable law prohibits such a restriction.
SECTION 17 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Eden’s Lush, Shopify, and their respective affiliates, officers, employees, agents, contractors, and service providers from third-party claims, losses, and reasonable legal expenses arising from your unlawful use of the Services, your infringement of another person’s rights, or your material breach of these Terms.
This obligation does not apply to the extent a claim results from the negligence, misconduct, or unlawful conduct of the party seeking indemnification.
We will notify you of a claim for which we seek indemnification and provide reasonable information about it. No settlement may impose an admission of liability or a non-monetary obligation on you without your consent.
SECTION 18 – SEVERABILITY
If a provision of these Terms is found unlawful or unenforceable, it will be enforced only to the extent permitted by law or, if necessary, severed. The remaining provisions will continue in effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce a provision of these Terms does not waive our right to enforce it later.
These Terms, together with the policies and any additional transaction-specific terms referenced herein, constitute the agreement between you and Eden’s Lush concerning the Services. They supersede earlier versions concerning the same subject matter, without removing rights arising from earlier transactions.
If these Terms conflict with our Privacy Policy concerning personal information, the Privacy Policy controls. Our Return and Refund Policy governs routine return eligibility, and our Shipping Policy provides additional shipping details, subject in all cases to applicable law.
SECTION 20 – ASSIGNMENT
You may not transfer your account or assign your rights or obligations under these Terms without our prior written consent.
We may transfer these Terms as part of a merger, reorganization, or sale of our business, provided that doing so does not reduce rights you have under applicable law.
SECTION 21 – GOVERNING LAW
These Terms and transactions with Eden’s Lush are governed by the laws of the State of Texas and applicable federal law, without regard to conflict-of-law principles.
Subject to any rights you have to bring a claim elsewhere under applicable law, disputes will be brought in state or federal courts with jurisdiction in Bell County, Texas.
Nothing in this section deprives you of mandatory consumer protections available under applicable law.
SECTION 22 – HEADINGS
Headings are provided for convenience and do not change the meaning or interpretation of these Terms.
SECTION 23 – CHANGES TO THESE TERMS
We may update these Terms to reflect changes in our business, the Services, or applicable requirements. Updated Terms will be posted on this page with a revised “Last updated” date.
We will provide notice of material changes when required by law. Changes apply prospectively from their stated effective date and do not retroactively remove rights associated with completed purchases.
Your continued use of the Services after updated Terms take effect constitutes acceptance of those Terms, to the extent permitted by applicable law.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms, orders, or the Services may be directed to:
Eden’s Lush
Email: info@edenslush.com
Phone: +1 (254) 535-2683
Mailing address: PO BOX 2519, Harker Heights, Texas 76548, United States